Two transgender students have sued the state of Virginia, alleging the state’s public school guidance violates a state Education Department law.
Gov. Glenn Youngkin (R-VA) issued the guidance last year, which requires that transgender students use the bathroom that corresponds with their sex assigned at birth and allows for teachers to not use preferred pronouns or names of students without the permission of their parents. The lawsuits suggest that the guidance goes against the 2020 law passed by then-Gov. Ralph Northam, which required the Education Department to enact policies that prevent discrimination and harassment of transgender students.
One lawsuit came from a York County high school student, who claimed a teacher did not refer to the student by preferred pronouns or the new name the student’s mother had provided in a form processed by the school. Instead, this teacher referred to the student by the last name, and class rosters continued to reflect the name the student was born with.
The second lawsuit comes from a Hanover County middle school student who was prohibited from participating on a girls sports team despite successfully making the team during tryouts. This student claims to have updated the preferred gender and name on the birth certificate provided to the school and has never undergone puberty due to medication. Ultimately, this student opted to play on a private club team.
Both lawsuits are overseen by the same two attorneys from the American Civil Liberties Union.
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A GLSEN survey taken after Northam’s law was passed found that 56% of LGBT students in Virginia reported verbal harassment and 15% reported physical harassment due to their gender expression. At the time, in 2021, 11% of students reported their schools had policies protecting transgender students.
Earlier this month, the Virginia legislature failed to pass a bill banning transgender athletes. This was the second time a bill of that nature failed to progress.
